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SMITH v. CITY OF LEE'S SUMMIT

No. 25130.

450 S.W.2d 485 (1970)

Stewart E. SMITH et al., Appellants, v. CITY OF LEE'S SUMMIT, Missouri, et al., Respondents.

Kansas City Court of Appeals, Missouri.

February 2, 1970.

Attorney(s) appearing for the Case

Thomas J. Walsh, Lee's Summit, for appellants.

William A. Piedimonte, and C. William Kramer, of Piedimonte & Cochran, Independence, for respondent Homestead Enterprises, Inc.

Charles Edward Lavery, Lee's Summit, for respondents City of Lee's Summit and Board of Aldermen.

HOWARD, Judge.

This is a proceeding for writ of certiorari to review the action of the city council of the City of Lee's Summit, Missouri, sitting as a board of zoning adjustment, in granting a rezoning petition in the form of a special ten year use permit for the operation of a mobile home park in a recently annexed area of the city. The petition in the alternative sought a declaratory judgment and injunctive relief. After trial to the court without a jury, the court...

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